What to Do If Your Spouse Refuses to Sign Divorce Papers

What to Do If Your Spouse Refuses to Sign Divorce Papers

Relationships are a part of life. Every year or every month, we find new relationships. Likewise, we lose relationships, either with friends or fellows or even with the spouse. We must understand that anything that happens is for our own good.

When you are not comfortable with people around, you need to leave them for sure.

Marriage is such an important relationship. You have to spend the whole life of yours with your spouse, sharing the same bed, the same room, and the same house. So, they should be in accordance with your attitude, personality and should be comforting for you. It’s actually important to choose the right life partner.

You must try one or twice to save your relationship, but if the chosen one is not the right choice anymore or has changed their behavior that hurt you each day and you are sick of it, then you dare take a step towards separation without any fears. Divorce is not that easy to accept but when thing get out of control, what else can be done?

There may be conditions when divorce does not give you a tiring period. But this may also happen that your spouse refuses to sign the divorce papers. You might be thinking that what you will do then. Not to worry!

Think about whether you really want to get divorced. Make the conditions easier as much as possible to get divorced if you are willing to.

One might go to various phases when filing a divorce. Let’s have a look:

Fault divorce filing

Divorce filed on fault grounds leads to the refusal of signing the divorce papers.

If you file a divorce on fault ground, your spouse might refuse to sign the divorce papers. Therefore, a solution is not to file divorce under fault grounds. After this, you may find it easier to persuade your spouse to sign the divorce papers.


A spouse sometimes refuses to sign divorce papers because the filed divorce seems unfair. So the couple should consult the mediator. Meeting a mediator can help both to solve the issue through communication.

It is expected that the couple would be able to solve the issue and more often get nearly everything done, like signed papers, settlement in detail, child support and custody, etc.

There are two kinds of divorce; one is contested divorce, and the other is an uncontested divorce.

Case of uncontested divorce

Case of uncontested divorce

An uncontested divorce is that kind of divorce in which both the spouses agree with each other on everything or do not have any issues in the matter of divorce.

This type of divorce saves time and money, and of course fatigue of court procedures and gives other advantages and disadvantages as well.

In this case, there’s no need for the court to divide the assets or solve the alimony issue or make a decision about child support or custody. This case normally occurs when both parties agree to divorce, or one fails to make an appearance. They find no issues in co-parenting. If the other spouse appears with disagreement, then uncontested divorce can’t be filed.

Case of contested divorce

A contested divorce is that kind of divorce in which the parties cannot agree. The disagreement may be about getting divorced, or the terms of divorce that the spouse requesting divorce has put. The issues may include child custody, the division of assets or alimony, etc. due to these issues the other spouse refuses to sign the divorce papers.

To file a contested divorce, the spouse requesting divorce must file a petition in the court.

The requesting spouse signs the divorce papers only, but it is necessary for them to notify the other spouse of these actions. Court sends the notice to the other spouse along with divorce papers to acknowledge them of what is happening. The court asks the spouse to appear in the hearing as well.

Default divorce

Default divorce basically refers to “the last decision for divorce issue taken by the court in case of no response from the other spouse, within a time limit set by law.”

Default divorce does not occur in uncontested divorce cases. In a contested divorce case, the requesting spouse necessarily notifies the other spouse that they have filed a case in the court and serve the signed divorce documents. The court sets a time limit to give a final hearing.

If the spouse doesn’t respond to the notice, fails to appear in the hearing or cannot be located for service, the court considers the absence of the other spouse as the win of the requesting spouse. The default judgment occurs, and the judge makes the decision for divorce based on the facts stated in the requesting spouse’s petition.

In case the spouse filed the response, the default judgment will not proceed.

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